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FOX News
Mar 29, 2011 11:00am EDT
at least, the arguments. we're joined by andrew smiley and seth baronswag who is a business and employment law attorney. seth, the record reflects, unfortunately, some anecdotal or individual acts of gender discrimination, but that's not enough, as you know. there has to be some systemic scrippation to support a class action. of it's what's called commonality of claims. where does that exist here? >> well, the problem is that it does not exist in this case. nobody disagrees with the point that discrimination in the workplace is horrible and intolerable. we all agree on that. can question is, in this case did these six plaintiffs adequately and commonly represent roughly a million workers in 3,500 locations throughout the united states that have undergone discrimination under the last several years through over 170 job classifications? unfortunately, i don't believe that it does. i think the supreme court will reach that conclusion. it doesn't mean that the case can't move forward, that they're not victims, it just has to be positioned properly, and that's the way it has to move forward in
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